DISPUTE RESOLUTION AND ARBITRATION.

DISPUTE RESOLUTION AND ARBITRATION
1

Table of Contents
Question 1..................................................................................................................................3
Question 2..................................................................................................................................6
Question 3................................................................................................................................10
References................................................................................................................................14
2

Question 1
Critical discussion regarding assertion of proper law of arbitration agreement
Choice of law that governs arbitration agreement needs to be done by an international
perspective. This can be done by proper application of validation principle and it can also be
done by international rule of non-discrimination. This can be done with proper aim of
enforcing international arbitration agreements and facilitating recognition. Moreover, it can
be said that choice of proper law is a vital issue in international arbitration agreement1. This
issue can give rise to various disputes that can cause delay in the process of arbitration.
Hence, rules of law need to be applied in a simplified approach that does not raise any
disputes or confusion.
On another hand, choice of proper law can be done by examining and analyzing past and
present choices, which can help to address problem in future. From the last century, it has
been noticed that choice of law that governs different agreements of international arbitration
has changed. Choices mainly aim in achieving different purposes of an agreement without
any confusion. This helps in providing efficient, expert and unbiased means for resolving
international disputes2. However, it can be seen that in various jurisdictions, previously courts
apply law of judicial enforcement forums regarding an arbitration agreement. However, at
present, this approach of selection of law has been abandoned by following rules of choice of
law. This rule specifies different factors like law of arbitral seat and laws that are applicable
to different related parties3. Courts in recent times have designed different flexible
approaches that have close relationship with arbitration parties.
According to model law of arbitration choice of law can be done in two parts. Parties related
to a dispute can choose a uniform international rule. Choice of this law can help them to
eliminate any risk of discrimination in arbitration agreements. On another hand, a validation
principle can be selected, which can help them to select national law that can impact parties
1 Michaelson, Peter. ‘Emergency Arbitration: Fast, Effective and Economical.’ (2016) Just Resolutions,
American Bar Association Dispute Resolution Section, 125.
2 Hsfnotes.com , The law of the arbitration agreement – which law applies and why does it matter?, (16th May
2019), https://hsfnotes.com/arbitration/2012/05/18/the-law-of-the-arbitration-agreement-which-law-applies-and-
why-does-it-matter/
3 Drahozal, Christopher R. ‘Confidentiality in Consumer and Employment Arbitration.’ (2015). 1-22
3

and their agreement during arbitration. In contrary, different national international tribunals
have implemented the principle of separate ability presumption that helps in providing safety
to international arbitration agreements; this principle provides safety regarding challenges
that may occur regarding any discriminatory rules of any national laws.
Different processes for choosing and applying proper law are applied. Voice indirect is one of
the processes that are used to choose proper law. In this processing power of a tribunal is
limited to determine proper conflict of laws rule. This is then incorporated for determining
proper law. This process is considered as oldest among all modern approaches of choosing
proper law for solving international arbitration4. Moreover, in another process called voice
directed all power regarding choice of law is given on tribunal. Utilizing this method, a
tribunal may consider different elements like different circumstances of a case and contract.
Tribunal can use the method of direct application for determining law, which is appropriate
regarding the circumstances of the case and analyzing suitability of a law.
A difference can be noticed among national arbitration statutes regarding their approaches in
selecting proper law about a dispute. Some of the statutes grant international arbitral tribunals
to select conflict of law and then prescribe proper law for conducting arbitrations that are
seated in a national region. On another hand, other national statutes choose the option to grant
arbitral tribunal to select a law directly that is best suited for the arbitration process. It was
discussed that some tribunals are granted to choose the method of conflict of law. A method
in conflict of law that is chosen by various tribunals is the closest test of connection. This is
done if related parties failed or show no intention in choosing proper law that can solve
disputes. In this case, statutory provisions are applied by tribunals to choose proper law that
can help to solve conflict between two parties.
Importance of ascertaining proper law of arbitration agreement
It is important to identify and ascertain specific law to the arbitration cases for getting the
right justice at the end. In the case study of Sulamerica v Enesa Engenharia [2012], it has
been mentioned that many uncertain areas take place while proceeding with arbitrations5. In
case of all kinds of dispute arbitrations, specific legal framework must be identified as well as
applied to the arbitration. This case was held in the High Court and it has been mentioned the
4 Qi, Xiaoyu. ‘1. Arbitration Mechanism for Intellectual Property Disputes in Free Trade Zone.’ (2018) 35(68)
Argos, 654
5 Sulamerica CIA Nacional De Seguros SA and others v Enesa Engenharia SA and others [2012] EWHC 42
(Comm); [2012] EWCA Civ 638
4

law of seat is appropriate for this arbitration case and it must be put into consideration while
making the final decision. It has been mentioned that helpful test can be performed for
identifying the most relevant law that can be applied to a specific arbitration case6. The main
argument of recent time is whether the court must rely on the legal framework mentioned in
the contract associated with the disputed one or the court must rely on the chosen law of seats
by the parties, who have applied for arbitration. The principle mentioned by the House of
Lords in the case of Fiona Trust v Privalov [2007] must be followed for understanding that
the law related to arbitration clause is distinct by legal framework from the law mentioned in
the contracts7. Issues related to effectiveness as well as validity adheres to the law of contract
and application of different laws can restrict the rights of parties to arbitrate the dispute. This
aspect must be considered while choosing appropriate law for arbitration cases.
It is important to apply contemporary and traditional rule of choice of law in case of
international arbitration agreement. It has been found that application of choice-of-law rule
can lead to generation of arbitrary as well as unpredictable result. On another hand, it can be
seen that this rules of selecting law are not appropriate to justify concepts. Hence, it can be
stated that application of this rule cannot help to select appropriate law to apply on arbitration
cases. Findings of this previous research are postulating that it is important to select a more
appropriate method to identify specific law for uncertain areas of arbitration cases8. The law
that would be selected must comply with the legal guidelines mentioned in the International
arbitration act. Selection, as well as application of proper law, may help to get the best award
possible. Arbitrator is liable to listen to both parties and it is important for an arbitrator to rely
on all kinds of available evidence. Ascertaining of proper law helps in making right decision
and it helps to solve dispute within minimum time period.
It is important to understand different perspectives of different kinds of laws before applying
these laws in arbitration agreement. For example, perspective of common law and the
perspective of civil law are different from each other. It means that application of this legal
framework may lead to different kinds of decision. It must be considered that nature of
6 Fellas, John, Hagit Elul, and Apoorva Patel. ‘International Arbitration in New York: A Practical Perspective.’
(2016) 5 Indian J. Arb. L, 222.
7 Fiona Trust and Holding Corporation and Others v Yuri Privalov and Others [2007] UKHL 40
8 Medic, Ines. ‘SIGNIFICANCE OF MANDATORY RULES IN INTERNATIONAL COMMERCIAL
ARBITRATION.’ (2017): Economic and Social Development: Book of Proceedings 38.
5

decision impacts on both of the parties of arbitration9. Due to this reason, laws must be
ascertained to the agreement of arbitration after getting relevant concept of the perspective of
chosen law. Clear understanding of objectives of arbitrary agreement may help to select the
appropriate legal structure and this approach must be considered by bo0th of the parties while
deciding the law to proceed with their arbitration case. All of the parties expect to win
arbitration case and get the benefit as desired. However, it is only possible when they are able
to select and ascertain proper law of agreement of arbitration. Hence, from the above
discussion, it has been understood that ascertaining of proper law to agreement of arbitration
is very important part of arbitration cases for gaining the appropriate judgment.
Question 2
Seat of arbitration
Seat of arbitration in international arbitration can be defined as a legal jurisdiction upon
which arbitration is tied. This legal jurisdiction was unduly dismissed by parties during the
process of negotiation of arbitration agreements. After selecting a seat or given place rules
and laws of the country is also then applicable to the process of arbitration. In recent time,
agreement on seat of arbitration has become an essential component of arbitration agreements
during international disputes10. Hence, it can be seen that seat of arbitration, in any case, has a
major practical implication in the process of arbitration. This legal process directly impacts
on a number of issues and its arbitrability, determining various government laws. It
determines government laws that include procedural and substantive. It also determines place
for carrying on the proceedings of arbitration. Hence, parties related to this process of
arbitration need to pay attention and respect to the decisions taken and choice made by the
seat of arbitration. An essential point needs to be remembered that seat of arbitration need not
to be the place where hearings of arbitration are held or different other procedural acts are
done. It is also possible principally that a case on arbitration can be fully resolved without the
presence of arbitrators. In this case, the concerned parties usually visit the seat of arbitration
that is chosen by concerned parties or determined by them.
9 Ahn, Taejoon. ‘The Applicability of Economic Sanctions to the Merits in International Arbitration
Proceedings: With a Focus on the Dynamics between Public International Law Principles, Private International
Law Rules and International Arbitration Theories.’ (2018): Pepp. Disp. Resol. LJ 18 299.
10 Carlson, Melanie A. ‘The Corporate Exploitation of Fundamental Rights: A Nation of Arbitration.’ (2017).
6

Localization theory states that seat of arbitration helps in making connection of legal system
with the process of arbitration. This theory identifies law of seat of arbitration with different
laws and legislation that governs process of arbitration. Hence, this theory states that this
legal jurisdiction has the ability to govern arbitration and it can be determined by arbitrators
or can be chosen by concerned parties involved in a case. Moreover, delocalization theory
suggests that seat of arbitration in international context needs to be simpler. This theory also
suggests that law of arbitration of a state must not interfere on international arbitration.
Therefore, it can be stated that seat of arbitration is an essential component in any type of
international proceeding.
Significance of seat of arbitration
Evaluation of this legal jurisdiction states few of its significance that helps parties in solving
issues or international disputes. Firstly, a seat needs to be same as the governing law
regarding contract or need not be based in the same place as chosen arbitral institution. In
addition, selected counsel need not be qualified by the law of seat that gives a chance to
concerned parties to send different lawyers. Hence, a French lawyer can be selected to solve a
dispute in Singapore11. Moreover, it is another sign of seat that an award provided during
arbitration can be challenged in the court of seat. Each and every country allows challenge of
arbitrator awards on certain grounds. For example, if previously the arbitrators were found
bias or corrupted then an award of arbitration can be challenged in the court of seat later.
However, challenges can also be made on ground of error in law12. Hence, protection of
parties can be provided with the help of this legal tool.
It is another essential significance of this legal tool that controls the level of court
intervention. In many arbitration friendly countries, it can be seen that court only intervenes
on seat's matter to provide proper support. However, in countries where law and order in very
tough, the court may intervene in the process and can decline arbitration agreement13. If both
concerned parties select the wrong seat with incapable lawyer then process of arbitration may
11 Szalai, Imre Stephen. ‘Exploring the Federal Arbitration Act Through the Lens of History.’ (2016) J. Disp.
Resol. 115.
12 Gu, Weixia. ‘China's Belt and Road Development and a New International Commercial Arbitration Initiative
in Asia.’ (2018): Vand. J. Transnat'l L. 51 1305.
13 Pilato, Biagio, and John Clarke. ‘The New York State Court of Appeals Provides ‘Crystal Clear’ Guidance
On Fiduciary Duties.’ (2017) 2(1) Journal of Vincentian Social Action, 4.
7

delay. Moreover, risk of court proceedings parallel also increases and risk of awards getting
challenged later also increases. Hence, seat of arbitration needs to be chosen wisely for
achieving better and quick results in international contexts14. In addition, it can be seen that in
seat of arbitration-related parties are provided with high degree of autonomy. Hence,
satisfaction rate of concerned party increases. Significance of this legal tool is different,
which is based on complexity of the issue of arbitration and law of different countries.
Process of determination of seat of arbitration
The seat is determined after discussion regarding procedural and other essential parts of law
of arbitration. Moreover, discussion regarding international orthodoxy is also discussed with
location of the seat. Discussion regarding location of seat is discussed before determination if
both parties did not come into an agreement regarding this factor. Determination of seat can
be done if arbitration agreements contain well-designed contents regarding designation of
seat. Different modern rules recognize choices set by both parties and try to meet their
requirements while determining the seat.
If seat is not stated and designed properly then parties cannot reach an agreement. On another
hand, if it is not possible to determine a seat from provided agreement by concerned parties
then responsibility of taking decision regarding this, matter is passed to concerned tribunal15.
Section 20(1) of model law of arbitration has provision regarding this matter. According to
this section of model law, a location of arbitration can be decided and determined by tribunal
by focusing on circumstances of a particular case and giving attention to convenience of
concerned parties.
It can be noticed that process of determination of seat is not provided to national courts, but
the issue of arbitration can sometimes emerge in the court. For example: if a party involved in
arbitration seeks help from national courts under national arbitration laws and legislation.
However, involving courts in the process of determination of seat is contradictory as tribunal
is preferred more to take essential decisions regarding arbitration and courts are preferred to
use decisive power when support is needed16. It can be said that national courts are only
preferred to create a tribunal where needed and it is the duty of tribunal to determine the
14 Meier, Till. ‘Conflict of laws rules in international arbitration–The ‘direct choice’ approach.’ (2018). Revista
de Estudios Ius Novum11.2
15 Rana, Rashda. "The Enforceability Of Awards Set Aside At The Seat: An Asian And European
Perspective." (2016): Fordham Int'l LJ 40 813.
8

location of seat. This process can help to increase satisfaction rate of both parties seeking
arbitration and risk of making challenge can decrease.
View of courts of Asia and Europe
Practice of seat is somewhat same in both Asia and Europe in international context. Related
parties make alternative provisions regarding procedures and they do not follow the concepts
of law of arbitration. This is done by formation of different rules of arbitration that they feel
sufficient for mitigating their disputes17. The rules of arbitration differ according to various
institutions of regions like London and Singapore. Seat of arbitration follows laws of the
country where it is conducted. For example, if seat is located in Singapore, then automatically
it will follow arbitration act of Singapore. However, laws regarding arbitration in Singapore
cannot be followed in other European countries.
Views of Asian and European courts also differ regarding seat of arbitration. Courts of Asia
like Singapore states that delocalizing of arbitration cannot be allowed. In a bill it is stated
that according to territorial criterion proposed by model law, arbitration needs to be
applicable under international arbitration act. Seat of arbitration needs to be situated in that
place or territory, whose law will govern the process of seat. On another hand, it can be seen
that in European regions courts prefer to nominate seat through a nominating committee.
Executive committee of the court prefers to organize and supervise total proceedings of
arbitration. Hence, more control is exerted in the process of arbitration in Europe as
compared to Asia. In addition, different seat of arbitration in asia prefers the rules set by new
York convention. Several rules framed by New York convention are followed during
designing of seat of arbitration.18. Different arbitration laws also vary in different Asian and
European countries. Hence, process of arbitration depends on these laws and these laws
change with location of arbitration. Moreover, determination of seat is also done sometimes
16 Rom, Robert L. ‘Practical Aspects of the Cooperation between Arbitration Counsel and In-House Counsel
through Different Stages of International Arbitration Procedures.’ (2019): ASA Bulletin37.1 27-39.
17 Drahozal, Christopher R. "Diversity and Uniformity in International Arbitration Law." (2016): Emory Int'l L.
Rev. 31 393.
18 Moses, Margaret L. The principles and practice of international commercial arbitration. (Cambridge
University Press, 2017).
9

by national courts. During that time local rules and laws impacts on formation of seat that is
different in Asian and European countries.
Question 3
The provided case scenario is postulating that M. Susan Jones has worked for a company
from the year 201 to the year 2017. She has served for the company named, Harvard Aid
Abroad in Nigeria. However, she has entered into a contract that includes a term stating that
she and the company management is allowed to submit arbitration in the New York in case of
arising of any kind of dispute. In 2017, management of this company has doubted that Ms.
Jones is misappropriating funds and they have investigated this matter on the ground of their
doubt. Based on the report of internal review of this company, they have fired Ms. Jones. The
management of this company has written to her by demanding the money and gets no reply
from her side19.
According to New York convention of arbitration, each party needs to recognize arbitration
awards and enforce them according to rules of procedure of the region. In this case, the
accused have not got proper notice prior arbitration. According to article V of New York
convention, if the party, against whom, award was invoked is not provided proper notice of
appointment and unable to present. Then the process of recognition and enforcement of
award be refused. In this case, the company has maintained the legal framework of the
United States Contract law and they have acted accordingly. As per section 5 of the
International Arbitration Act 1974, if one party fails to attend the hearing of arbitration, the
judgment will be based on available evidence. Under section 5 of this act, it has been
mentioned that it is important to sent notice of arbitration to respondents advance20. This
approach of arbitrator provides sufficient time to respondents to plan for proceeding. On
another hand, the arbitrator has not found this information of not receiving letter and has
made the decision in favor of the company. It is possible to apply for vacating the decision of
arbitrator. However, she needs to provide legal documents for proceeding against the
company. She has to submit documents that can support her statement regarding non-
19 McKendrick, Ewan, and Iain Maxwell. ‘2 Specific Performance in International Arbitration.’ 2016. China
and International Commercial Dispute Resolution. Brill Nijhoff, 5-36.
20 Lisman, John K. ‘Arbitration Agreement Arbitrage: Statutory Discrepency Leads to Third Circuit Victory for
Dodd-Frank Whistleblower Defendants in Khazin v. TD Ameritrade Holding Corp.’ (2015): Vill. L. Rev. 60
753.
10

received of arbitration notice21. This person can get legal assistance by providing legal
documents. Section 3 of this act has mentioned that one party can provide resource against
arbitration award in order to defend himself. In this case, the lady has not attended the
hearing as she has not received legal notice of arbitration. It is important for her to apply in
the Federal Court of Australia. It can be seen that she has not received letter of arbitration,
which according to her has gone to her old address. Hence, it might be there in old address,
which can be provided as a proof. In both of the cases, there must be proof of incidents and
that proof must be submitted to the Federal Court in order to make resource against the award
of arbitration.
In this case, Harvard Aid abroad has provided evidence from their side and the arbitrator has
not got the response from another side22. The Model law of New York has been developed in
order to provide guideline regarding all stages of the process of arbitration. This Law can be
reviewed in order to identify the best remedy for Ms. Jones. Article 13 of the model law has
mentioned the procedure to challenge the arbitration decision. However, Ms. Jones needs to
follow some of the legal guidance in order to challenge arbitration agreement. She has not
received the notice of arbitration. She needs to apply for extension of time for challenging the
decision. In that case, this person needs to withdraw the arbitration agreement from the office
and it is important to have consent from the other parties. The arbitrator has proceeded as per
section 5 of the International Arbitration Act 1974 and has proceeded with evidence available
before. In the case study of AGL Energy Limited v Jemena Gas Networks (NSW) Ltd
[2017], it can be noticed that arbitration has been submitted and the Supreme Court of NSW
have mentioned about a new rule23. The rule postulates that a clause of dispute resolution that
support going to mediation by parties cannot be considered as binding agreement of
arbitration. In this case, section 8(1) of the international Arbitration act 1974 has been
21 Academypublishing.org.sg , Lex Arbitri, (16th May 2019),
https://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal-Special-Issue/e-
Archive/ctl/eFirstSALPDFJournalView/mid/513/ArticleId/335/Citation/JournalsOnlinePDF
22 Academypublishing.org.sg, Law governing international arbitration, (16th May 2019),
https://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal-Special-Issue/e-
Archive/ctl/eFirstSALPDFJournalView/mid/513/ArticleId/343/Citation/JournalsOnlinePDF
23 AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765
11

considered. This decision of court is considered as one of the recent legal decisions24. Ms.
Jones must review information regarding recent decision related to this act and proceeding of
this case study can help to understand this mentioned perspective.
In that case, this lady is not liable to inform company regarding her address change. This fact
can be presented in the Federal Court after application of award by the company. In the case
study of Hancock Prospecting Pty Ltd v Rinehart [2017], this Section 8(1) of this Act have
been nurtured in order to declare validity of both of the deed those are associated with the
case25. In that case, it has been noticed that a question has been arising regarding the validity
of two deeds. It was the main concern that whether the validity of two deeds can be
considered as the disputes for arbitration or not26. At the end of this case, it has been
mentioned that the dispute that is controlled by the deeds can only be considered as the
dispute of arbitration27. Many uncertainties are there in delivering written notice. This
company had the proof against her misconduct and they can mail her in order to claim the
money. Consideration of New York convention and the Model law may be helpful in this
case for challenging the decision of arbitration. Ms. Jones needs to focus on these two laws
for proceeding against the company and get rid of this legal issue.
However, as this company has sent the written letter to her and the arbitrator provided written
notice to her, both of the noticed have not reached this person. In this case, the arbitrator has
relied on the legal framework and made decision regarding the company. However, according
to ICC rules of arbitration every award needs to be binding by the parties. After submission
of dispute and proper recognition the parties undertake to carry out any award that can be
imposed. The reason she has mentioned cannot be considered as truth unless she will be able
to provide proof of documents to the Court28. Section 2 of the International arbitration act
24 Estreicher, Samuel, Michael Heise, and David S. Sherwyn. ‘Evaluating Employment Arbitration: A Call for
Better Empirical Research.’ (2017): Rutgers UL Rev. 70 375.
25 Hancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170
26 Drahozal, Christopher R. ‘Diversity and Uniformity in International Arbitration Law.’ (2016): ‘ Emory Int'l L.
Rev. 31 393.
27 MacArthur, Elizabeth. ‘Regulatory Competition and the Growth of International Arbitration in Singapore.
(2018): ‘ Appeal: Rev. Current L. & L. Reform 23 165.
28 Böckstiegel, Karl-Heinz, Stefan Michael Kröll, and Patricia Nacimiento. ‘Arbitration in
Germany.’ (2015).The Model Law in Practice (Rezensent: Otto Sandrock) 193
12

1974 can be considered in this case. This part of this act has mentioned again that conciliation
is possible for one party of arbitration in case of ability to provide legal prove. The situation
of Ms. Jones is considerable and she can get one opportunity to explain her own point of
view. In that case, it is important for her to prove that she is not guilty. The Harvard Aid
company has conducted internal reviewing and has found her guilty. It means that they have
got some proof of misappropriation of funds by this person29. She has missed the hearing and
as per the article V of the New York convention she is able to refuse to pay the amount asked
by the arbitrator. This section of New York Convention has mentioned that if one party was
not aware about the arbitration process, the final decision can be challenged for reviewing.
This perspective of law can be used by this per in order to challenge the arbitration order and
in this way she can escape from paying the claimed amount by the Harvard Aid Company. If
she is not guilty, she needs to provide proof to the court in order to win this case. At first, she
needs to ask the Federal court to listen to her point of view. If she gets success in proving that
she has not got the notice of arbitration and due to this reason, she has failed the hearing; it
will be easier for her to reopen this case. After that, she needs to gather and provide legal
proof to the court in future hearings in order to defend herself30. It cannot be assumed that
what would be the final decision of court, but, it can be assumed that the court may give her
chance to defending herself.
29 Tweeddale, Andrew, and Keren Tweeddale. ‘Cutting the Gordian knot: enforcing awards where an
application has been made to set aside the award at the seat of the arbitration. (2015): 81.2 ‘ Arbitration: the
international journal of arbitration, mediation and dispute management 137-149.
30 Speller, Duncan, and Dharshini Prasad. ‘The Choice of a Foreign Seat in Domestic Disputes-An Opportunity
for One More Step Forward in India's Journey to Establish Itself as an Arbitration Friendly Jurisdiction.’ (2017):
‘ Indian J. Arb. L. 6 43.
13

References
Academypublishing.org.sg , Lex Arbitri, (16th May 2019),
https://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-
Journal-Special-Issue/e-Archive/ctl/eFirstSALPDFJournalView/mid/513/ArticleId/335/
Citation/JournalsOnlinePDF
Academypublishing.org.sg, Law governing international arbitration, (16th May 2019),
https://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-
Journal-Special-Issue/e-Archive/ctl/eFirstSALPDFJournalView/mid/513/ArticleId/343/
Citation/JournalsOnlinePDF
Ahn, Taejoon. ‘The Applicability of Economic Sanctions to the Merits in International
Arbitration Proceedings: With a Focus on the Dynamics between Public International Law
Principles, Private International Law Rules and International Arbitration Theories.’ (2018):
Pepp. Disp. Resol. LJ 18 299.
Böckstiegel, Karl-Heinz, Stefan Michael Kröll, and Patricia Nacimiento. ‘Arbitration in
Germany.’ (2015).The Model Law in Practice (Rezensent: Otto Sandrock) 193
Carlson, Melanie A. ‘The Corporate Exploitation of Fundamental Rights: A Nation of
Arbitration.’ (2017).
Drahozal, Christopher R. "Diversity and Uniformity in International Arbitration Law."
(2016): Emory Int'l L. Rev. 31 393.
Drahozal, Christopher R. ‘Confidentiality in Consumer and Employment Arbitration.’
(2015). 1-22
Drahozal, Christopher R. ‘Diversity and Uniformity in International Arbitration Law.’
(2016): ‘ Emory Int'l L. Rev. 31 393.
Estreicher, Samuel, Michael Heise, and David S. Sherwyn. ‘Evaluating Employment
Arbitration: A Call for Better Empirical Research.’ (2017): Rutgers UL Rev. 70 375.
Fellas, John, Hagit Elul, and Apoorva Patel. ‘International Arbitration in New York: A
Practical Perspective.’ (2016) 5 Indian J. Arb. L, 222.
Gu, Weixia. ‘China's Belt and Road Development and a New International Commercial
Arbitration Initiative in Asia.’ (2018): Vand. J. Transnat'l L. 51 1305.
Hsfnotes.com , The law of the arbitration agreement – which law applies and why does it
matter?, (16th May 2019), https://hsfnotes.com/arbitration/2012/05/18/the-law-of-the-
arbitration-agreement-which-law-applies-and-why-does-it-matter/
14

Lisman, John K. ‘Arbitration Agreement Arbitrage: Statutory Discrepency Leads to Third
Circuit Victory for Dodd-Frank Whistleblower Defendants in Khazin v. TD Ameritrade
Holding Corp.’ (2015): Vill. L. Rev. 60 753.
MacArthur, Elizabeth. ‘Regulatory Competition and the Growth of International Arbitration
in Singapore. (2018): ‘ Appeal: Rev. Current L. & L. Reform 23 165.
McKendrick, Ewan, and Iain Maxwell. ‘2 Specific Performance in International Arbitration.’
2016. China and International Commercial Dispute Resolution. Brill Nijhoff, 5-36.
Medic, Ines. ‘SIGNIFICANCE OF MANDATORY RULES IN INTERNATIONAL
COMMERCIAL ARBITRATION.’ (2017): Economic and Social Development: Book of
Proceedings 38.
Meier, Till. ‘Conflict of laws rules in international arbitration–The ‘direct choice’ approach.’
(2018). Revista de Estudios Ius Novum11.2
Michaelson, Peter. ‘Emergency Arbitration: Fast, Effective and Economical.’ (2016) Just
Resolutions, American Bar Association Dispute Resolution Section, 125.
Moses, Margaret L. The principles and practice of international commercial arbitration.
(Cambridge University Press, 2017).
Pilato, Biagio, and John Clarke. ‘The New York State Court of Appeals Provides ‘Crystal
Clear’ Guidance On Fiduciary Duties.’ (2017) 2(1) Journal of Vincentian Social Action, 4.
Qi, Xiaoyu. ‘1. Arbitration Mechanism for Intellectual Property Disputes in Free Trade
Zone.’ (2018) 35(68) Argos, 654
Rana, Rashda. "The Enforceability Of Awards Set Aside At The Seat: An Asian And
European Perspective." (2016): Fordham Int'l LJ 40 813.
Rom, Robert L. ‘Practical Aspects of the Cooperation between Arbitration Counsel and In-
House Counsel through Different Stages of International Arbitration Procedures.’ (2019):
ASA Bulletin37.1 27-39.
Speller, Duncan, and Dharshini Prasad. ‘The Choice of a Foreign Seat in Domestic Disputes-
An Opportunity for One More Step Forward in India's Journey to Establish Itself as an
Arbitration Friendly Jurisdiction.’ (2017): ‘ Indian J. Arb. L. 6 43.
Szalai, Imre Stephen. ‘Exploring the Federal Arbitration Act Through the Lens of History.’
(2016) J. Disp. Resol. 115.
Tweeddale, Andrew, and Keren Tweeddale. ‘Cutting the Gordian knot: enforcing awards
where an application has been made to set aside the award at the seat of the arbitration.
(2015): 81.2 ‘ Arbitration: the international journal of arbitration, mediation and dispute
management 137-149.
15

Case laws
AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765
Fiona Trust and Holding Corporation and Others v Yuri Privalov and Others [2007] UKHL
40
Hancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170
Sulamerica CIA Nacional De Seguros SA and others v Enesa Engenharia SA and others
[2012] EWHC 42 (Comm); [2012] EWCA Civ 638
16